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DV victimmmm ( )     11 October 2014

Oral direction by hc in crpc 125 stay application

Dear experts,
I have filed an appeal against Family court order in crpc 125 case.I have also filed another application for stay on crpc 125 order. Honorable High Court has said that the stay application will be decided on 27th October 2014 and asked my lawyer to convey the same to Family court so that Family court should not proceed with execution application filed by my wife till 27th October 2014.Is it as per the law to give oral direction in this matter. How to convince Family court about what High Court has directed? 



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 2 Replies

Q Slinger (NA)     11 October 2014

I am not sure that is going to work. In my case, I told the Trial court judge that there is a stay order for the quash I had filed in the high court. The orders were going to be available a week after. But that judge was adamant that he would not recoganise any stays till he gets a certified document from the HC. We even told him that the order was uploaded to the HC website, still he didn't listen.

 

Similar situation happened with a friend of mine. The govt came to demolish his building, but he already got a stay the day before, the govt still demolished the building saying that they have not seen it on paper. My friend filed a contempt of court and still awaiting results.

 

I think what you should do is deposit the money with HC and give the receipt to the trial court judge telling him that since the case is appeal with HC, the money can be collected from there. This is just my opinion and suggestion. The experts will confirm if this will work or not.

1 Like

Tajobsindia (Senior Partner )     11 October 2014

@ Author,

 

1. File an Affidavit stating Oral direction of superior Court duly authenticated by your Advocate and tell your Advocate to plead vehemently and seek adjournment accordingly. 

2. I also agree to above replier’s word of wisdom on your query.


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